Support plans offered by Southern Software Solutions are for phone and email support only. On-site support is not included in any of these support plans.
General Policies
Southern Software Solutions reserves the right to limit each telephone call to 30 minutes and to limit each contact (telephone or electronic) to one incident, defined as a single support issue or question. Southern Software Solutions may also limit or terminate support service in the event that the Customer uses the service in an irregular, excessive, abusive or fraudulent manner or in violation of these Terms and Conditions.
Support services will be provided to the Customer only. The resale of the support plan or any of the support plan benefits is prohibited. The Customer may, after providing written notice to Southern Software Solutions, permanently transfer the support plan to another individual, provided that individual agrees, in writing, to be bound by these Terms and Conditions. Transference does not extend or renew the term of the support plan. The support plan may be transferred no more than one time per term.
Service Availability
The term of the Support plan shall commence on the support plan order date and shall terminate one year thereafter unless expressly stated otherwise by Southern Software Solutions. Support service availability may occasionally deviate from stated hours due to downtime for systems and server maintenance, observed U.S. holidays or other business reasons.
Support Topic Limitations
Support is limited to the following product areas: basic usability and basic functionality, as described in product documentation. The support plan does not cover inquiries on business practices, nor does it include application consulting or training. Under the support plan, Southern Software Solutions does not provide support at Customer's site or any other location, nor does Southern Software Solutions provide training, designing or consulting services. Customers needing services regarding best business practices, application consulting, training, or database design should contact Southern Software Solutions to discuss those requests.
Supported Products
Support is available for ACT! products purchased and installed by Southern Software Solutions. Southern Software Solutions will support third party tools that are installed by Southern Software Solutions. Support availability is subject to change by Southern Software Solutions at any time without notice. Southern Software Solutions shall not be required to provide any support relating to problems arising out of the Customer's use of the software in a manner for which it was not designed, or Customer's negligence, misuse or modification of the software.
Limitation of Liability and Damages
Southern Software Solutions' sole liability, and Customer's sole remedy, for any loss suffered by Customer arising under the support plan will be a refund of the support plan fee paid by Customer for the 12-month period during which the loss is suffered. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOUTHERN SOFTWARE SOLUTIONS BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION OR PROFITS, EVEN IF SOUTHERN SOFTWARE SOLUTIONS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
Disclaimer of Warranties
SUPPORT SERVICES ARE PROVIDED "AS IS." SOUTHERN SOFTWARE SOLUTIONS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE SERVICES OR ANY RELATED MATERIALS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, ACCURACY, AND NON-INFRINGEMENT.
Governing Law
The Support plan will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws. Customer agrees that any action arising out of or relating to the service provided by Southern Software Solutions will be filed and maintained only in the state or federal courts located in Atlanta, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
Customer Contact Information
Southern Software Solutions reserves the right to contact Customer by mail, phone, fax, or e-mail to deliver newsletters, surveys, and other information pertaining to your products or the support plan. For more information regarding how Southern Software Solutions uses Customer Contact Information, please contact us for our privacy statement.
Refund Policy
Customer may cancel the support plan membership during the first 20 days after purchase or renewal and obtain a refund for the current membership period. The full support plan fee will be refunded if the customer has made no use of the plan support services during the 20-day period. If the customer has used the plan support services during the 20-day period, the amount refunded will equal the support plan fee, less the cost of any telephone or electronic support used by the customer. The cost of each support call will be charged at the then-current minimum rate charged by Southern Software Solutions for support to Customers who are not support plan members and call under the Pay-As-You-Go option.
Disclaimer
Every effort has been made to ensure the accuracy of this information. Southern Software Solutions reserves the right to limit any single support call, change the support plan terms and conditions of support, and change support pricing and support service availability without notice.
Entire Agreement/Severability
This is the entire agreement between Southern Software Solutions and Customer relating to the support plan. These Terms and Conditions may not be modified except in a writing signed by both the Customer and an authorized representative of Southern Software Solutions. If any provision of these terms and conditions is deemed unlawful, void or unenforceable for any reason, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
